Results 8,801-8,820 of 15,065 for speaker:Eoin Ó Broin
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: It also requires the approval of Government.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I am not being in any way adversarial but, in respect of legal terms, while they might have different names the process is the same. The Minister and his or her officials design a policy statement which has to have the approval of Government and Cabinet. It then, in effect, becomes a significant change to the planning rules. There is nothing different this time around. It is the...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Just to press this point - in terms of the drafting and approvals of the statements, nothing will change. However, sections 62 and 122 will ensure these statements are not only enacted through the planning decisions and development plans but, ultimately, in the courts. This is a significant change, is it not? I am not passing a judgment one way or another.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I have a final point on clarification. One instance where the old regime fell foul was in the context of strategic development zones, SDZs. I do not see any language in the sections I have mentioned that pertain to SDZs. I know there is a separate section at the end, but is it envisaged that the same procedure outlined in sections 22, 62 and 120 would be applied with respect to any...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: But it is not something we have in front of us at the moment.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I will come in again in the next round if that is possible.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: My next set of questions relates to changes to judicial review and section 249. I will preface the remarks by saying that in a really well-functioning planning system, very little would go to judicial review. In terms of both the detail of the plan-led approach and clarity in terms of the formal decision and appeal, the planning system would be sufficient. I am not an advocate for more...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Go ahead. I do not mind them.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: At any stage in the planning process up to that.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: First stage, appeals stage, etc.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Those are the only grounds for sufficient interest under that section.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Section 249(10)(c) also has "directly or indirectly materially affected."
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Does that not create an additional barrier somewhere?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I am not promoting this but I want to be clear on the point. Does that mean that somebody could put in a third-party opinion, for example, either at the local authority or the board stage, depending on the type of application, and therefore they have sufficient interest? However, in order to submit a judicial review or seek leave for a judicial review would they have to demonstrate that in...
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Is that not a significant change from the current regime?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I am not asking if it is a good or bad thing. Let us imagine for a moment that I am neutral on this. I want to know if that double test for initiating a judicial review is a change from the current regime, particularly with the requirement to have been directly or indirectly materially affected.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: Where is the legal definition of "directly or indirectly" or is that just set out in case law?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I am asking if those tests are applicable today.
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: So there is no material change in this thing?
- Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (7 Feb 2023)
Eoin Ó Broin: I will come back with a few follow-up questions after the others have come in.